Patna High Court
Mantun Kumar @ Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to a bond and conditions, finding no sufficient ground to deny bail.
Summary
Mantun Kumar and Anant Kumar were arrested in connection with a case alleging they assaulted an informant with a knife and pistol, violating sections of the Bharatiya Nyay Sanhita, 2023 and the Arms Act. The prosecution presented the informant’s injury report, while the defence argued the injury was minor and that there existed a case‑counter‑case between the parties, asserting the petitioners’ innocence. The court noted that the injury was simple in nature and considered the petitioners’ criminal antecedents, finding one with a prior record and the other clean. Applying the provisions of Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, the court granted bail to both petitioners subject to a bond of Rs.10,000 with two sureties each and several conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order also directed verification of any concealed criminal antecedents by the lower court.
Issues considered
- Whether bail should be granted to the accused under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita given the nature of the alleged assault and the injury sustained by the informant.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- assault
- weapon offence
- simple injury
- criminal antecedent
- section 438 CrPC
- section 482 Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84369 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- PANDARAK District- Patna
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1. Mantun Kumar @ Mantu Kumar Son of Late Dinesh Yadav @ Karu Yadav
Resident of Village - Lemuabad, P.S.- Pandarak, District - Patna.
2. Anant Kumar Son of Mullah Yadav Resident of Village - Lemuabad, P.S.-
Pandarak, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhim Sen Prasad, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-01-2026 Heard Mr. Bhim Sen Prasad, learned counsel for the
petitioners and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Pandarak P.S. Case No. 105 of 2025, F.I.R.
dated 08.06.2025 for the offences punishable under Sections
126(2), 115(2), 109, 3(5) of the Bharatiya Nyay Sanhita, 2023
and Section 27 of the Arms Act.
3. According to prosecution case, the informant
alleged that when he was returning from Amtar, in the
meantime, the petitioners attacked him with katta and pistol on
his head due to which, he sustained injuries and later went to
P.H.C Pandarak for treatment.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.84369 of 2025(2) dt.07-01-2026
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petitioners are innocent and they have falsely been implicated in
the present case. Although there is specific allegation against
these petitioners that they have assaulted the informant but the
injury report of the informant suggest that injury inflicted upon
him is simple in nature and apart from that there is case and
counter case between the parties.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submits that petitioner no.1 carries one criminal antecedent and
petitioner no2. has clean antecedent.
6. Considering the aforesaid facts and circumstances
and the fact that injury inflicted upon the informant is simple in
nature, let the petitioners, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M., 1st Barh(Patna) in connection with Pandarak
P.S. Case No. 105 of 2025, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
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i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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